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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Assalamualaikum

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Assalamualaikum
Lawyer's Assistant: Where are you located? It matters because laws vary by location
doha
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not yet
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i was resigned with present company and requested ADLSA fro NOC and they approved it. later on i am serving my notice period until 23rd feb 2020. but my company terminated me showing some false reasons on 5th feb 2020. now they are not settling my amount pending from them including end of service

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Labor and Residency Law in the State of Qatar As for the complaint, yes, you can file a complaint in the Ministry of Labor and Social Affairs and explain the matter in detail, if the work is terminated by the employer
Article (49)
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods :
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
C) the notification period shall be at least two weeks.
D) If the service period is more than five years the notification period shall
E) be at least one month.
Note that the sponsorship system is not in use in Qatar anymore as according to the below article:
Article 21
The employer, the Competent Authorities, and the Ministry of Labor and Social Affairs may agree to transfer the Foreign National laborer to another employer before the time limit in the contract has been reached or after five years of working for the employer if the contract did not specify a time period.
The Foreign National laborer may, with authorization from the Competent Authorities and the Ministry of Labor and Social Affairs, transfer to another employer in the event of the Recruiter’s death or dissolution of the body corporate for any reason.
In all cases, the employer serving as the Recruiter shall not have his legal rights, or the contract between him and Foreign National, violated, in accordance with the referenced Labor Law.
The aforementioned article organized the cases of which the employee can transfer to another company as follow:
• With an approval from the employer (Whatever the contract type is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer

الرد من العميل

Request ID: EC-191225-35223QID: 28535652513Name: MUNEER SHAIKPurpose: Change EmployerStatus: The application submitting has been approved- Ministry of Administrative Development, Labour &Social; AffairsNotice Period End Date: 23/02/2020طلب رقم: EC-191225-35223بطاقة شخصية: 28535652513الاسم: مينيير شيخالغرض: تغيير جهة العملحالة الطلب: تم الموافقة على تقديم الطلب - وزارة التنمية الإدارية والعمل والشؤون الاجتماعيةتاريخ انتهاء الاخطار : 23/02/2020To complete your request, please check with MOI (General Directorate of Passports) after 56 days لاستكمال طلبكم , يرجى مراجعة وزارة الداخلية, الإدارة العامة للجوازات بعد 56 يومI have resigned to my company and applied for NOC and was approved.I was serving my notice period untill 23rd of february 2020. But they have terminated me on 5th february 2020 with immediate effect.How i can file a complain about them in this case

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If the work is terminated without observing the notice period, the matter is considered an arbitrary dismissal, and the employer is obliged to pay compensation to the worker
Regarding to the labor complaint, filing for it is either through a review of the labor office and submitting the complaint personally or by submitting it electronically, so you can enter the electronic link and submit the complaint

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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